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Eviction Process-Who decides to evict you, the Landlord or the Judge?

House & Home / 2:39 PM - Friday January 14, 2011

Eviction Process-Who decides to evict you, the Landlord or the Judge?

Even if my landlord wishes to evict me, but the judge orders otherwise, can my landlord still evict me? I went to court to day and the lawyer for my landlord told me that he wanted me out, but after telling the judge my situation and when I will be able to have the money, he ordered for me NOT to be evicted and allowed me to pay my back rent by the end of the month, which is great. But since the landlord wanted me out but didn't get his way, will this be a problem for me in the long run?

You have until the end of the month to pay back rent as per judge's orders. If you don't pay your rent and back rent by the end of the month the Landlord can evict you. Chances are when your lease is up the Landlord will be giving you notice to move. Landlords cannot be expected to go without rent payments or have late payments. The judge gave you a break make sure you pay what you owe. Rosey

- Response by roseytalks, A Thinker, Female, Who Cares?, Tampa, Who Cares?

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The judge makes the final decision (which he/she apparently already has).
Now, what was the reason for your landlord to try and evict you? not paying your rent on-time?
Then it's simple ... pay your rent on-time from now on, and you won't have that problem anymore.
Of course, if you don't pay the back rent by the end of the month AND you are late with next month's rent, the landlord could file for eviction again, and the SECOND time you find yourself in eviction court, the judge sides with the landlord.

If the landlord wants you out for just ANY reason, he/she will give you proper notice (30 days or 60 days).

It would depend entirely on the situation and how much rent you owed I suppose. Also it would depend on the personality of your landlord.

If you were just not paying rent and hadn't spoke to your landlord about your situation then he will probably expect it to happen again and look for any excuse to get you to leave the property. If you otherwise got on with your landlord and had explained the situation to him and he still didn't understand then he will probably be looking for any excuse to get rid of you.

If this was just a situation that spiraled out of control and your landlord is otherwise happy and it wont happen again then you might be ok

- Response by psychoticbabe1, A Thinker, Female, 26-28, Other Profession

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he can still do some legal stuff to get you to move, but that could take years. look up squater's rights. however, if you are able to pay your rent, why couldn't you just explain that to the land lord. why did have to go so far as being taken to court?

- Response by guy5432, A Mr. Married Guy, Male, 36-45, New York, Who Cares?

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The landlord cannot toss you out legally after the judge turned down his request to do so.

However, in most places there are many empty units. Long term, its better to go elsewhere.

He may try to make your life miserable in other ways and pout but if he gets his money then hopefully he will be appeased.

- Response by englishrose4945, A Life of the Party, Female, 66 or older, Miami, Alternative Medicine

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I dont know your landlord or the situation but I have been in financial trouble before. I hope you can get back on your feet - Actually I hope you win the Lotto. That said; He will probably be watching you closely for a while at the very least. Hopefully he will not take it personal. You never know, sometimes people get weird when times are hard. Good luck with this. I hope you can get him to see it as a fresh start. -Gulliver

the due process is difficult to explain my friend butr i will do my best ok the landlord can evict you for no appearnt reason ok but he or she hs to give a reasonable time frame for you to finda place if you are behind on your rent yes they have every right to evict you but they have to follow the law which entitles YOU find a place with in a about a month, ok they cant jsut throw you out no they cant do this it is called due process, ok by LAW they have to give you at least 30 days to get a place. it shouldnt cause you to get place but it might hurt your credit ratings. tht is about it. what that lanlord wants and what is said in a court room is two different things if the judge gave you time to find a place trust me you got that amount of time to find a place. dont matter wht the atty. of your landlord wants dont matter if that judge gave you 30 days then it is so be it you got 30 days to get ok. gl.